Sentencing Bill

Jim Shannon Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Esther McVey]

I will not.

New clauses 48 and 49 would mean that offenders would not be eligible for a mandatory suspended sentence if they had previously been given a suspended sentence or an immediate prison sentence for the same offence. If an offender commits a burglary now and goes to prison for it, and is convicted of committing another burglary after the measures in the Bill come into force, it would be ludicrous if, instead of being given a longer prison sentence—most people would think that was fair—they were given a suspended sentence; however, the courts would not have any other choice, in many circumstances.

New clause 55 would exclude criminals who had previously breached suspended sentences on three or more occasions from qualifying for a suspended sentence. It could be argued that those who have breached a suspended sentence once should not qualify. I completely agree, but I have decided that it should be “three strikes and you’re out”. People cannot keep committing offences and keep getting suspended sentences.

Another strong case for “three strikes and you’re out” is covered by new clause 61, which covers offenders who are convicted of committing the same crime three or more times. Someone who commits the same crime three or more times will now get only a suspended sentence. These people should be getting appropriate prison sentences, not a guarantee of no prison sentence at all.

New clause 59 lists

“poor compliance with court orders”

as a reason not to suspend a sentence. If a court can see that a criminal has not complied in the past with non-custodial alternatives and is therefore highly likely to breach a suspended sentence, it should have the option of imposing immediate custody on the offender. In fact, that is already what current and past sentencing guidelines say about considering an optional suspended sentence, never mind a mandatory one, which criminals will have if this Bill is brought into being. Under new clause 60, offenders being sentenced in court for three or more offences at once could not expect a presumption in favour of a suspended sentence.

All the examples I have given come from judges and lawyers. These are not possibilities, or scenarios that I have dreamt up; they are happening now. These people should go to prison—and they would have done, but the Government are letting everybody out. That is why I say that we will be dismantling law and order in this country if this Bill goes through. There is nothing to stop magistrates and judges handing out suspended sentences if they think that they are appropriate, but these amendments would not force them to hand them out when they are clearly not appropriate. That is what the Government are doing. They are tying the hands of the justice system.

The Government have already made amendments to earlier legislation after presumably realising that they had missed something. I hope that, on reflection, and having heard about some of the disasters that are about to befall the country as a result of this legislation, they will do likewise today. My new clause 56 is very similar to Government amendments 2 and 4, for example, which will exclude those who are already subject to a suspended sentence. They have seen one loophole, but the Bill is like a colander of loopholes, and I hope that they will see a few more.

The Government have not ensured that the Bill will not apply to those on licence. My new clause 57 says that those who have been released early from prison on licence should not be eligible for a presumption in favour of a suspended prison sentence if they offend again; really, they should be locked up.

[Jim Shannon (Strangford) (DUP)]

What the right hon. Lady is putting forward is a very logical and sensible way forward, but I am conscious that young people in particular can do something wrong in life, and then return to the area that they came from. They are subject to peer pressure, and can be affected by all the things that happen in that community. Sometimes, they probably need help from outside the legal system. Has she considered that when putting forward her amendments? Do they ensure that people get a second chance, and get help where they need it—in the place where they live?

[Esther McVey]

We all believe in second chances, and that is where rehabilitation comes into play. We are possibly dealing with continual offending here. People have come before the courts, been given some kind of community sentence or been subject to tagging, and still repeat their crimes. We do not want them to think that there is absolutely no deterrent, and that they can commit crimes as often as they want because they will get only a tiny slap on the wrist.

People need to understand that their actions are unacceptable. There is a victim, and a price to pay. Some people will understand, go on the straight and narrow, and go on to have a good life, but not as a result of what is being delivered today. The Bill says, “Commit a crime and you will not do any time.” That is wrong, wrong, wrong. It is the wrong message to send out. That really should not need saying, but it seems that it does. How on earth can it be right that someone who has been released early from prison will get a second get-out-of-jail-free card? That will happen under this ludicrous legislation.

Under new clause 41, the presumption against prison would not apply to foreign nationals. If people come to this country and commit crimes serious enough to warrant a custodial sentence, they should not be left wandering around our streets freely as a result of this Bill. Foreign offenders should be deported, as protecting the public is one of the main duties of a Government—I will have to repeat that several times to the Government, who do not seem to understand that that is a major part of their duty—and in the meantime, those offenders should be locked up. While we have to put up with our own British criminals, I do not see why we should be lenient to those who have come to this country and committed offences. I do not think the public will agree with the Government’s Bill, either.